McAllen Drunk Driving Accident Attorney
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Drunk driving accidents are incredibly devastating. Not only are victims often left to deal with catastrophic injuries or the death of a loved one, but they must also contend with the knowledge that the accident should have never happened.
At Tijerina Legal Group, P.C., we believe that there is never an excuse for driving while intoxicated or impaired. If you or a loved one was involved in an accident with a drunk driver, we are here to help. You deserve justice and a fair recovery, and our team knows how to help you navigate the legal system to seek the maximum compensation you are owed.
Texas personal injury law allows you to file a civil lawsuit against the drunk driver to seek financial compensation for your damages, including your medical expenses, lost income, pain and suffering, disability, and future losses. Throughout his years in practice as a leading personal injury lawyer in McAllen, Humberto Tijerina has successfully secured millions of dollars on behalf of the severely injured. As your attorney, he will fight tirelessly for you.
Texas Drunk Driving Statistics
Despite numerous laws against it, as well as decades of statistics showing the dangers of driving while impaired, drunk driving accidents happen all the time. According to the Texas Department of Transportation (DOT), there were 434 fatal crashes involving alcohol in Texas in 2020 (the latest year for which data are currently available), along with 1,046 suspected serious injuries and another 1,796 less-serious injuries tied to alcohol-related traffic accidents. An additional 1,545 possible injuries resulted from alcohol-involved crashes in Texas in 2020.
Of the total number of fatal alcohol-related accidents, 8 happened right here in Hidalgo County. Additionally, 44 suspected serious injuries and 130 less-serious injuries resulting from drunk driving incidents occurred in the area, as well as another 263 possible injuries resulting from alcohol-related crashes. In total, Hidalgo County saw a shocking 707 alcohol-related traffic accidents in 2020.
In short, drunk driving accidents are alarmingly common in our state and our local community. If you were unfortunate enough to be one of the victims of a drunk driving accident, you already know the immense impact these car crashes have on the lives of those affected. The good news is that you have the right to seek justice and a chance at a fair recovery.
Filing a Civil Drunk Driving Injury Lawsuit
Driving while intoxicated (DWI) is a crime in Texas, and offenders face certain criminal penalties. Outside of the criminal justice system, victims of drunk driving accidents are often entitled to file civil lawsuits against the drunk driver in order to seek compensation for their damages.
A civil lawsuit is a legal action separate and distinct from any criminal proceedings that may (or may not) occur. The outcome of a criminal case against the drunk driver does not affect the outcome of your personal injury or wrongful death lawsuit, though a DWI conviction can have a positive effect on your civil case, as it helps to establish the driver’s negligence.
In order to file a civil drunk driving injury lawsuit against the drunk driver, you will have to prove the following:
- Duty of Care: The intoxicated driver owed you the same duty of reasonable care as any other motorist on the road. In other words, they had a responsibility to take reasonable actions to prevent you from coming to harm.
- Breach: The drunk driver breached the duty of care and put you at risk by getting behind the wheel of a motor vehicle while intoxicated. This is not only unlawful but a clear example of negligence.
- Causation: You must also show that the direct or proximate cause of your injuries (and damages) was the negligence of the drunk driver. In other words, you must prove that the drunk driver caused the accident that left you injured.
- Damages: Lastly, you must demonstrate that you sustained measurable damages, whether economic or non-economic in nature. Damages are any losses you have suffered as a result of the accident and/or your injuries.
In contrast to a criminal case, a successful civil lawsuit against the drunk driver will not result in criminal penalties, such as jail time or fines. Instead, a successful civil suit will result in you, the victim, receiving a monetary settlement or verdict to help compensate you for the losses you have endured as a result of the drunk driver’s negligent conduct.
What To Do If a Drunk Driver Hits You
If you are hit by a drunk driver you should take care to observe the following steps:
- Call 911 immediately and obtain medical attention if you are hurt
- Give a report to the police as soon as they respond to the scene
- Take photos of any evidence that may support that the individual was drinking or drunk at the time of the accident
- If the drunk driver attempts to flee the scene try to get a picture of their vehicle and license plate
- Do not speak to the other driver or their insurance company about the accident and avoid posting to social media about the incident until you have spoken with a DWI accident lawyer
Our Award-Winning Team Is Here for You
Drunk driving accidents often result in serious injuries, including traumatic brain injuries, spinal cord injuries, and more. Victims often require extensive, ongoing, and extremely costly medical care. On top of this, they are unable to return to work, making it difficult to keep up with continuing daily expenses. Many of these accidents are fatal, and families and loved ones are left to pick up the pieces.
At Tijerina Legal Group, P.C., we understand the challenges you are currently facing, as well as the many difficulties that still lay ahead. Our McAllen drunk driving accident attorney is committed to maximizing your case and fighting to recover the compensation you need to heal and move forward.
Tijerina Legal Group, P.C. is available to assist you 24 hours a day, 7 days a week. Call us at (956) 777-7700 to schedule a no-cost, no-obligation consultation today.